NEWS ROUNDUP

Landmark Stream Access Case Headed to the Montana Supreme Court What many thought would be inevitable has now come to fruition – the Mitchell Slough case is headed to the Montana Supreme Court. In a Wednesday press release, Montana Fish, Wildlife and Parks and the Bitterroot River Protection Association announced plans to appeal the decision handed down by District Court Judge Ted Mizner in May that the Mitchell Slough was a ditch and not subject to public access. While the Mitchell Slough is a comparatively obscure waterway, the case has become an emotional and politically charged test case of the reach of Montana's Stream Access Law, which is coveted by sportsmen as one of the strongest such laws in the country but is seen by some landowners as an infringement of property rights. “The issue is way bigger than the Mitchell Slough and the Bitterroot,” Montana Governor Brian Schweitzer said Wednesday in explaining why he authorized the appeal. “The problem is that this opened a can of worms across Montana and we need to get this resolved.” The FWP appeal will be limited to the public access portion of the Mitchell Slough case. But the BRPA, which also sued over the 2003 decision by the Bitterroot Conservation District that the Mitchell was ditch, will file an appeal. The appeal will extend years of debate over the waterway, which has been deemed a ditch twice – once by Mizner and once by the Bitterroot Conservation District....
Feds May Let Salty Farmland Go Fallow Dry, brittle grass is all that pokes through earth that once grew tons of tomatoes, garlic and lettuce. Poor drainage has left land on the San Joaquin Valley's west side salty and worthless, a nightmare for farmers and the federal government, which provides irrigation water here. Over the years, numerous efforts to drain the poisoned land and salvage it for agriculture have failed. Now, the government is considering spending hundreds of millions of dollars to pay off farmers and get out of its obligation to irrigate the land _ effectively letting the 300,000-acre swath go fallow. That's the preferred alternative among the latest set of proposals from the U.S. Bureau of Reclamation. Another calls for pumping the water out to sea, an idea opposed by officials in coastal cities. "It's a very complex issue. We've been trying to figure this out for a long time," said Jerry Robbins, a project manager with the reclamation bureau. Drainage problems on the land stretching along a 90-mile stretch from Los Banos to Kettleman City are caused by a natural layer of clay beneath the surface that keeps water from draining through. The small amounts of salt in the water builds up over time, leaving the fields unsuitable for crops....
Environmentalists and ranchers debate new grazing regulations Depending on whom you ask, federal grazing regulations announced Wednesday are either a roadblock to good management or a rollback from bad rules. The rules apply to 160 million acres of Bureau of Land Management land in the West, including Utah, and impact 15,000 livestock operators. According to Jim Catlin, director of the environmentalist Utah Wild Project, the Bureau of Land Management's new rules will prevent users of the public land from "applying these proven solutions to restoring rangelands," he said. But Brent Tanner, executive president of the Utah Cattlemen's Association, says the rules will "roll back some of the bad regulations" established by the administration of former President Bill Clinton. John Carter of the Western Watersheds Project, Utah office — a conservationist who is based in Mendon, Cache County — accused the BLM of abandoning any consideration of science in its grazing regulations. The agency has thrown out the 1995 rangeland reform rules, he said. Those Clinton-era rules contained important provisions "to protect ecological values, such as water quality and wildlife habitat," he said. But Tanner believes the regulations mean "good things for the state and for the land." Although some of their language could be improved, he said, "they will be a more workable set of regulations than we've been working under since the Clinton administration." The regulations create a more stable environment for the Utah agriculture industry, he added....
Land-use initiative on November ballot Santa Clara County voters this November will be asked to consider an open space land-use initiative that measure proponents say will support protection of 400,000 acres of rural county lands. If enacted, the measure will purportedly stave future rural land development including hill area lands bounding the city of Milpitas. Opponents of the measure say it violates basic private property rights with concern to farms, ranches and privately owned lands. The county's approval came after initiative supporters turned in 58,633 signatures to the Santa Clara County Registrar of Voters. The campaign needed 36,040 signatures from county voters to qualify the initiative for the ballot. However, the land-use conservation initiative has drawn opposition from a coalition of realtor groups, ranching associations and property owners. The coalition, known as the Alliance for Housing and the Environment, includes the Santa Clara County Farm Bureau, Silicon Valley Association of Realtors, Hillside Homeowners Association and the Santa Clara County Association of Realtors. "We are going to fight the plan," said Edwin Resuello, president of Santa Clara County Association of Realtors....
ICA Explains the Benefits of Grazing to the Idaho Land Board Idaho Cattle Association (ICA) President Mike Webster spoke before the Idaho Land Board today to explain the benefits of the Idaho Department of Land's grazing program to the state endowment, the economy, and the environment. ICA requested an audience with the Land Board after learning that Jon Marvel, a known anti-grazing extremist, was scheduled to speak at the meeting. Webster, a 4th generation rancher from Roberts, Idaho, has been directly involved with state grazing leases and has experienced first-hand the day to day management of these leases and their associated challenges and opportunities. Reflecting upon his experiences, Webster stated, "I have witnessed the system change from conducting business on a handshake to a meticulous, paperwork-heavy management system. As the process of managing grazing leases with the Department of Lands has evolved, one thing remains constant: ranchers are the most dependable and efficient caretakers for the millions of acres that the State of Idaho manages. Because of this, a continued, strong grazing program offers the greatest long-term stability to the endowment." Marvel's claims that, by administering grazing leases, the Land Board is ignoring its fiduciary responsibility to the endowment were soundly refuted by the Land Board members present. As Webster pointed out, "Livestock grazing leases provide a consistent source of revenue to the state. These leases are based on a renewable resource that replenishes itself annually." In his latest attempts to rid the land of cattle, Marvel has generated headlines recently stating that the state's grazing program is costing more than it earns. In response to this inaccurate and short-sighted claim, Webster stated that, "Even if all grazing leases were cancelled, the administrative costs would not decrease dollar for dollar. Excluding grazing would only increase the workload for the Department. Without ranchers to assist in cooperatively managing the state lands, the Department would be wholly accountable for controlling noxious weeds, maintaining fences and water developments, and would have to greatly increase their fire prevention efforts on 1.78 million acres."....
Forest killings are still rare, but crime is rising he Puget Sound region is blessed with an abundance of destinations where people can get close to nature and escape the urban environment. But even these places aren't immune from crime. Steve Costie, executive director of The Mountaineers, said car break-ins at trailheads are common, and he has feared inadvertently encountering a clandestine methamphetamine lab while hiking in the woods. The discovery this week of two women killed along a hiking trail off the Mountain Loop Highway in Snohomish County prompted Costie on Wednesday to advise people to consider hiking in groups. "There has never been a crime issue like this," Costie, who has been an avid hiker for nearly 30 years, said of the slayings. U.S. Forest Service Officer Mike Gardiner, who patrols the Mount Baker-Snoqualmie National Forest where the bodies were found, says he's never heard of another slaying in the sprawling forest. "This is a freak occurrence," Gardiner said. "The forest is a safe place."....
Editorial: A Clueless Policy on Roadless Areas TWO THINGS ABOUT Gov. Arnold Schwarzenegger's push against new roads in untouched areas of California's national forests: It was an environmentally sound decision for a state that reveres its wilderness areas. And it was a decision the governor shouldn't have had to make in the first place. The Bush administration, after initially vowing to barely tweak a Clinton-era ban on road building in almost 60 million acres of forest, instead ended up delegating too much authority to individual states. Roadless areas were potentially stripped of all protection, unless governors of individual states petitioned for protection of specific areas. Schwarzenegger was essentially forced into asking for preservation of the 4.4 million acres of roadless areas in California. A few other governors have done the same, though some are expected to call for opening vast new stretches of old-growth forest to timber, gas and other industries. What's important to keep in mind is that these are national — not state — forests. The U.S. Forest Service should be managing its lands, not outsourcing the job to state governors. Of course, federal officials should take local sensibilities into account in drawing up forest plans, but they're the ones who should be drawing up the plans, based on a consistent policy of managing the land for the national good....
Republican Conservationists Praise Schwarzenegger Roadless Petition Republicans for Environmental Protection (REP), a national grassroots organization of citizens and elected officials, today praised Governor Arnold Schwarzenegger for seeking protection of 4.4 million roadless national forest acres in California. "Governor Schwarzenegger has taken a critically important step for protecting wild forests that provide numerous benefits, including clean water, wildlife habitat, and recreational opportunities for California's growing population," REP President Martha Marks said. "If finalized, Governor Schwarzenegger's action will protect nearly 8 percent of all roadless national forest acreage nationwide." "The governor's petition to the federal government, if accepted, will be a significant conservation milestone that will benefit millions of Americans, in and outside of California," said Buddy Burke, acting president of REP's California chapter. "Roadless areas in California contain many natural treasures, including old-growth forests, salmon-spawning streams, waterfalls, oak woodlands, and grasslands. Protecting such important places is critical for maintaining California's high quality of life." Schwarzenegger is the fifth state governor, and the second Republican governor, to seek protection of roadless national forest lands. Protecting roadless lands makes both environmental and economic sense....
Energy corridor data a secret? The Moab and Monticello field offices of the Bureau of Land Management withheld from the public maps showing the specific location of potential alternative energy corridors throughout southeastern Utah, an environmental group has charged. That means members of the public who expressed written or verbal opinions on the proposed corridors laid out on a statewide map weren't fully informed by the end of the comment period, which was Tuesday, said Steve Bloch, staff attorney for the Southern Utah Wilderness Alliance. Worse, Bloch said, representatives from the energy industry were treated to a private preview of the detailed Moab map on May 18, more than seven weeks before the comment deadline. "It's not quite clear why industry gets [access] while the public doesn't have the opportunity," he said. "How many other such meetings are being held in the 11 Western states?" The BLM strongly denies any intent at secrecy....
Seismic testing starts along the Beartooth Front Drilling has begun along the Beartooth Front, in northwestern Wyoming, as part of a seismic testing program to determine the presence of oil and gas beneath the ground. Quantum Geophysical Inc., plans to drill between 2,500 to 2,600 holes, each 30 feet deep, at a cost of up to $5 million. The company plans to start setting off small explosives in the holes next month to measure the movement of sound waves through the ground. The testing is being performed for Windsor Wyoming LLC, an Oklahoma company that hopes to drill on both public and private land in the area. Monte Barker, compliance inspector with the U.S. Forest Service in Cody, said the seismic mapping can increase the chances of finding oil or gas by 70 percent. Barker said drilling started in the area July 1. He said blasting and recording is set to start Aug. 15 and will be completed by Oct. 10, before the start of hunting season. Don Ogaard, project manager with the U.S. Bureau of Land Management, said the seismic testing will cover 47 square miles near the town of Clark. Although environmental review has been completed for the testing program, he said more review would be required before wells and roads could be installed as a result of the test findings....
Forest Service reopens trail after apparent grizzly attack The U.S. Forest Service is reopening an eastern Idaho hiking trail, saying it's safe again after an apparent July 3rd grizzly attack. A 53-year-old man was bitten on his hip and shoulder, but wasn't hospitalized after the attack on the Targhee Creek Trail near the western border of Yellowstone National Park. Wildlife officials think the bear was a grizzly, but aren't 100 percent certain. Officials are cautioning hikers in the region to be on their guard. This is the second straight year of increased grizzly and black bear sightings that have accompanied more people in the region. Gregg Losinski says there are conflicts between people and deer and elk, too -- "but the ones that have claws and teeth are the ones people really key in on."
Renewable energy producers complain to Senate committee Federal officials vowed Tuesday to boost renewable energy production on federal lands in the West, but wind and geothermal industry officials criticized the administration for a lack of openness and support leading to delays in some of their projects. The Interior Department has a major role to play in the projected growth of domestic renewable energy consumption, Interior Deputy Secretary Lynn Scarlett testified. Consumption of renewable fuels will grow about 60 percent by 2025 and renewable energy will account for more than 10 percent of domestic energy production and 7 percent of consumption, she said at a hearing of the Senate Energy and Natural Resources Committee. Interior is working to increase wind, solar, geothermal and biomass energy production, she said. But at the hearing industry and environmental groups criticized a backlog of energy lease applications and lack of input on new regulations....
Weeds suspected in cattle death There is a strong suspicion that eight head of cattle died recently in the Steele area because they had eaten toxic plants they don't normally eat but resorted to in their drought-stricken pasture, according to a local veterinarian and a Kidder County extension agent. Troy Dutton, a veterinarian at the Steele Veterinarian Clinic, said their focus is on tansy ragwort, a toxic plant that's present in the pastures. Gwen Payne, a Kidder County extension agent, said material from the cattle has been sent to a lab for testing and the vet clinic is waiting for results. Dutton said they should get the results back in a week to 10 days, and he expected the extension service would issue a press release at that point. Dutton said he didn't want to release much information now to protect the confidentiality of the cattle owner. He said it's amazing to him that cattle are still producing and raising calves on what's out there, or rather, not out there....
City Slickers Learn Ranching Skills at 40th Annual Smithsonian Folklife Festival Dylan Biggs is no Hollywood cowboy. He says the movie version of ranchers on horseback roping frenzied cattle is not his style. “I am able to get the cattle to do what I want them to do without the use of force and fear, just by virtue of my position, my movement and my motion. It is a matter of being in the right place, at the right time in the right manner. And ultimately you have to take all that direction from the cattle.” Biggs practices what he calls low-stress livestock handling. He says it is simply good stockmanship. “Instead of having to run around chasing cattle, I can very calmly ask the cattle to get up, start walking exactly where I want them to go and they actually get there. So, it takes a lot less effort on my part.” Biggs demonstrates with a few gentle cows trucked in from a farm in nearby rural Maryland. The cows seem unfazed by the tourists in the bleachers or by Biggs who walks determinedly among them. “I want to teach them to start, speed up, slow down, turn left, turn right and stop, just by virtue of my movement and my position.” No need to prod or whip. Biggs says cows are not stupid animals. “Cattle learn very quickly. In anywhere from 45 minutes to an hour and a half, you can have a herd of 150 cattle …softened up and (you can) put them where you want them without any fuss.” ...